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I
Kinneys Great Speech
Continued from Itt page
branbhes and have but one branch If
we will abolish Jury trials and leave
nil to the judge If wo will then or
dain that the legislator shall hlmseu
be that Judge and If we will place the
executive power1 In the same hands
we may readily BlmpUfy government
We may easily bring It to the simplest
of all possible forms a pure despotlsm
But a separation of departments so far
ns practicable and the preservation of
clear lines of division between them is
the fundamental Idea In the creation of
all our constitutions and doubtless the
continuance of regulated liberty de
pends on maintaining these bound
aries S4S5jnl
It Is charged that If Democrats are
returned to the Legislature this elec
tion on a platform protesting against
executive encroachment It will lead
merely to a bickering fault finding
and Unbusinesslike session of the Leg
islature wherein the practical wants
and needs of the people will be disre
garded and the time given over to
factional and useless quarrels with the
Executive
Webster has something to say on this
point In the same speech pointing out
that the highest and most useful func
tion of a representative of the peope
is to resist executive encroachment and
from the very start to foresee and at
once to call a halt upon any subversion
of established land marks This is
what he says
We have been taught to regard a
Vt Tenresentatlve of the oeonlp as a
l tlnel on the watch tower of liberty is
he to be blind though visible danger
1 approaches Is he to be deaf though
sounds of peril fill the air Is he not
rather to catch the lowest whisper
which breathes Intention or purpose of
encroachment on the public liberties
and to give his voice breath and
terance at the first appearance of dang-
er Is not his eye to traverse the whole
horizon detecting through all
guises every enemy advancing in any
tt orm towards the citadel which he
guards Sir this duty of foreseeing
f danger and proclaiming it this defer-
v innn nf ostnbllshnd landmarks this fear-
Jp lessreslstance of whatever would
- cena or remove mem au ueiong iu
the representative character are In
terWoven wth Its very nature If de
prived of them an active intelligent
faithful agent of the people will be con-
verted into an unresisting and passive
instrument of power a representative
body which gives up these rights and
and duties gives Itself up It is a
representative body no longer It has
broken the tie between itself and its
constituents and henceforth is fit only
to be regarded as an inert
mass from which all appropriate
principle of vitality has departed for-
jtever
if SYMPTOMS OP DISORDER
Whlle we have had something less
i than a year of one man power there
frious symptoms of disorder and
ffivieH evidence or lack or Daiance 01
wpoweij in i9 oouy ponuc cuiiiuimim
jIs out of balance wnen the Attorney-
sSuenerai can openly co into a nominat
cdnvention of the people backed by
ta Jnrrfe body of office holders absolute-
Jlurider his control and defeat the
oi a cunuiuuie mr me
WUtuje on the sole ground that he Is
Seona non Brata to the executive
is out or Daiance wnun
Wjthoit protest or check the Governor
1 iinrt nbtnlnpd rlfrent control of the ma
tt glstrate3 of the Territory so that they
can be removefl by him at will when
She Legislature provided that they
VHVUU JtIJ WW AVMW1A w W4UMU J
UlVSupretnc Court of the Territory and
yomethinir is extremelv out of balance
vjJthe territorial government when the
lMvprnor In addition to destroying the
r Independence pf the heads of depart-
U7UH unu lUK mi uncut uumroi uj a
VjTge pjirt of tho judiciary feels tlie
iied of still more power and Is allowed
exact pledges fiom candidates for
tio Legislature before their
whereby his Attorney General can
imlcly announce that Every
Slfenji nominee stands pledged to sup
iqitithe bills which will be introduced
f IvrlilB thn Governors administra
tion Something is certainly out of
bajane when the Attorney General of
ihTerrtory with his undated
ljrajn the uovernors hands therefore
ing as nis spoKesman announces
iMt as eyery Republican nominee is
dged to support the bills which the
ivernor will introduce In tlw
ijliVe therefore it doesnt matter how
ftnegmpetent a man may be his vote is
net rfvnrl fia nnxr nflin t Yn lina n tr rftod
lto vte right Something is wroiib
VlMlti ihe community and something- Is
put v Joint it the very mouthpiece of
n i ivernor can make ouch declara
l or without protest fiom the electors
1 fiomtiiiing is out of Joint when the
I Governor without ptotest can claim
thnt he Is not amenable to tho elec
torate of this Territory and therefore
j protects by the electors against far
Kjencuig aggressions in jus part nn
jS out of place factious and Useless
Something is out of Joint If the
ljcan Central Commttteo can without
VOinotest from the electors Issue a clr
niculnr puch us was issued the other d
y entitled Independent Candidate a
uin whif h they mae the follow r
I f JateniFut
Every maji of average Intelligence
x
c
who will atop to consider the matter
must know that if any good Is to come
out of the next Legislature It must
come through that body working in
hnrmony with the administration and
surely the way to secure such hnrmony
13 not to elect to the superior branch
any man or set of men nvowedly op
posed to the Governor and his plans
Please note that the machine con
siders it improper to elect ANY MAN
opposed to tho Governor and his plans
There should be no opposition in exist
ence
NCT REPUBLICAN PARTY
Wo do not believe that the executive
machine now dominating this Territory
can properly call itself tho Republican
party Tho local Republican party as
sue Is in no way responsible for the
present government of this Territory
It has neither part nor lot In it nor
any control over it The Governor is
not following the guidance of the Re
publican party and Republican presq
but he is requhlns of them to follow
him and his personal fortunes and to
stand for his peisonal acts for which he
In turn claims he is responsible only to
the President We contend that the
Republican party Is not in tho field
but merely an administration clique
and push under the personal and for
all practical purposes Irresponsible
guidance of the Governor The Repub
lican party can not stand for executive
domination of the judlclury any more
than can the Democratic party It
does not and will not stand for execu
tive interference with the nominating
conventions of the people rfhd It doe3
not and will not stand for the conten
tion that the executive Is not lesponsl
ble to the people of tills Teriltory to
the cxtcjit thatthey aio Justified In ex
pressing confidence or want of con
fidence in him Itlmay be that the
Governor backed with tho vote of
office holders and the floating vote of
laborers in government employ nnd by
the votes of those who figure that they
have too much to lose not to stand in
witli the powers that be may prevail at
tho coming elections but wo believe
that the executive has lost the moral
Gupport of this community fcnd if so
Its defeat and injection though It may
bo iiotponed cannot be deferred
Tuo Democrats opened their cam i
i u jn tno weeks nso tonight and what
nrver has been made to their con
tr nllous then presented What is the
tituation tonight We have been met
In reply with a torrent of side Issues
mostly personal some scuirllous When
a whale spouts blood Us vitals have
surely been reached and not less cer
tain is it that when a political party
begins to spout mud it has received a
vital blow
The truth is that even the friends
and personal well wishers of the gov
ernment cannot appiovo of what the
Governor is doing Republicans piefer
that the Governor should leave the
magistrates nlono they do not like it
that the Attorney General should have
gone Into that Republican nominating
convention with ofilce holders and run
It they do not like It that the Attor
ney General Is personally running the
campaign when he Is expected to en
force the laws against election frauds
and corruptions in an Impartial and
non partisan way Thy do not like it
that the heads of these groat depart
ments of the Territory have been re
duced to mere automatons they do not
like the manifest manipulation of the
floating vote of this Teriltory on gov
ernment work they do not like it that
the Governor should feel Impelled to
exact pledges from legislative nomi
nees They are thoroughly disgusted
with the announcement by the Attor
ney General that the personnel and
quality of tho legislative nominees
makes no difference because they aie
pledged to support administration
measuies any how in shoit they un
doubtedly feel that the Republican
party Is not in this campaign or a part
of it and you could not I think to
day call the Republican party together
and get them to endoise the Governor
DEMOCRATIC POSITION
As for tho Democratic party It
stands as a party first last and all the
time against these encroachments and
believes that the will of Congrcbs as
expressed In tho Organic Act should
have its way and that tho heads of
departments should be Independent of
each other and independent of the
Governor It believes that the magis
trates should bo amenable to the Jus
tices of the Supreme Court aa provided
by law and not to tho Governor It be
Ueves that the employment of laborers
with government work as at present
conducted in leturn for tjielr vote 1b
bribery under existing htatute3 and
that tho representatives of the people
selected for tho Leglslatuie should en
ter that Leglslatuie absolutely untram
meled except by the pledges given to
their constituents and free to appiovo
or condemn the woik of tho executive
branch of the government on Its merits
It bejleves it imperative that the Dem
ocratic party should take a film and
abiding stand in the politics of this
Territory not only to secuie a health
ful opposition but uIfo jn case of Dem
ocratic couliol on the mainland in
whole or In part that an organized
dfmopraey may bo heio on tho giound
tq sptalf for the interests of the peo
da oi tins Twntury and to see that
e democracy of ho mainland is not
i I to ilo anything to the detriment of
i itttri 1 4 oilur interests of all
t i oik oi Teriltory
1 t i thl 1 j uuys the House of
ii iti of the fnlted -Stales
m t oi il of he Democia
ii jurty cv n Jf judge Parker is
for the Ivesldeiiuy or if the
i4o
change of power does not come this
election It will come in time and when
it does come no legislation affecting
Hawaii can will out except with the
approval of tho Democratic party on
the mainland Under these circum
stances the -Democrats of this Terri
tory owe it to the people of this Teirl
lory to organize and to maintain their
organization It Is best that It should
be so for all concerned nnd that the
politics of this Territory should come
under the wing of the two great parties
that dominate throughout this Repub
lic
RECENT EVENTS
Since writing the above three things
have happened to which I wish to re
fer namely the removal of Messrs
Brown and Clillllngworth an editorial
in the Star of October 20th entitled
Undated Resignations and an inter
view by the Governor appearing in the
Star of yesterday
And first ns to tho removal of the
High Sheriff and his Deputy This Is
an incident that is at present filling
the public mind Up to this time tiiw
facts nre not before us and until they
are no final decision or Judgment up
on the Question ns to whether Brown
and Chillingworth are right or wrong oi
arc guilty of misconduct Justifying their
removal can be reached There are
certain phases of that question how
ever which have readied a point where
they can be publicly discussed The
incident serves to illustrate that the
Democrats have been right in contend
ing from the first that the powers of
the Governor and the extent of his
authority arc vital issues in this cam
paign and must be met and discussed
by any party laying claim to the con
fidence of the people
And this Incident illustrates agalh
how thoroughly misguided the Repub
lican or executive machine has been In
Its attempts to contend that Governor
Carter is not and cannot be an issue
this campaign and that any attempt to
do so is factious senseless and un
businesslike
Tha Democratic party has foreseen
the disorder that would inevitably grow
out of tho adoption of mistaken con
ceptions of executive power and its
limitations and has bounded the alarm
seasonably and led the community to
understand and appreciate the situa
tion while the executive machine has
been proclaiming loudly that neither
the Governor nor his acts are to be
considered an issue this coming elec
tion It may be said by those who be
lieve that Brown and Chillingworth are
in the wiong that the incident illus
trates the wisdom of demanding un-
dated resignations frorn the heads of
departments t
Our reply as Demociats is first that
whether it would be best to have these
heads of departments hold ofilce at the
will of the Governor or not the law
does not permit it An evasion of the
law is a violation of it and wo stand
for the enforcement of law which
in this instance requires that
these officials shall hold ofilce for four
years and shall be removed from ofilce
only by the Governor with the consent
of our local Senate In the second -place
the Democrats say that if the issue is
raised whether the law shall be chang
ed so that the Governor may law
fully have absolute control of these
powers which ho now unlawfully
usurps tho Democratic party will
stand first last and all the time a
galnst the enlargement of his powers
over and nbove what is now allowed
him by tho Organic Act They believe
that Congress was right in subdivide
the executive power and making the
heads of departments independent of
the Goverijor and of each other
They decline to decide the ques
tion on the mere expediency
of the hour or by considering that it
may have proved convenient in one or
two particular cases in the past to have
had the undated resignation sys
tem in vogue It does not
follow theiefore that a permanent
or any diet of undated resignation is
the best thing for this commonwealth
Wo as Democrats protebt against such
views Such logic would lesult in this
If we had a bad Governor and good de
partments then we would clamor to
have the heads of there depuitments
made Independent of the Governor ana
vice versa The issue must not bo de
cided in that way
EXAMPLE PROM MONARCHY
We had an expeiience In tho his
tory of this country that ought to have
taught us better In 1SC1 Kamehaineliu
V believing that the people had too
much power and the executive too lit
tle aibltrailly promulgated a new con
stitution which gave the executive
moie power and the poplo les and
during his reign und because he was
a man of good sense und knew liow
far to go and whoie to stop the peo
ple felt no inconvenienco fiom the con
stitution thus promulgated Events
seemed to Justify the making of a con
stitution to fit the particular sovereign
then on the throne but what happen
ed later Kalakaua cam to the throne
and he took that constitution ftith Us
wide executive powers und ion the
country so he forced the country into
open i evolution lesulting in Us aboli
tion The powers of the executive were
curbed in tho now constitution und the
people of this Territory ought and un
doubtedly do soe the unwlbdoiu of re
scuing to makeshifts or evasions of
law because the emetsencles of the
hour seem to invite it The Democra
tic party 111 stand in my Judgment
firmly for the Independence of the heads
J of these departments first lust und all
the lime because It does away with one
man power and If it gives a little slow
er government We believe the people
In the long run nre perfectly willing to
have it A strenuous governhient is
not tho kind of government to wear
The editorial of the Star nbove re
ferred to entitled Undated Resigna
tions makes this announcement It
says that when President Roosevelt or
any chief execulve of the United States
decides that ary one of over two bun
dled judges wtfio preside over high
courts of record Is guilty of conduct
meriting removal he makes the oruer
of removal and It Is effectual
NEWSPAPER CONTRADICTED
We deny that statement The law3
of Congress provide that any civil of
ficer whose appointment requires the
consent of the Senate of the United
States Is entitled to fill out the full
term of his ofilce and can only bo re
moved by the President with the con
sent of the Senate There are some few
specific exceptions made and in our
own territorial law the Judiciary can
be removed by the President alone but
this Is nn anomaly and an exception
to tho rule
On the mainland under tha general
territorial act passed by Congress
judges cannot be removed at the will
of the President Congress has given
the President 03 I say wider powers
in lefercnce to the Judiciary of thi3
Territory than are usual but that is
no reason why any such discrimination
should bo extended On the contrary
It is to be hoped that we will get In
lino with the territories on the main
land In this respect as soon ns prac
ticable and In any event neither the
President nor any one eHe can or should
set aside laws providing expressly
against removal without tho consent of
the Senate
In conclusion I wish to say a few
words in regard to tho interview of
Governor Caitcr in tho Star of Satur
day Tho interesting point in that in
terview to me Is the announcement by
the Governor that ho i3 not nn issue
in the present campaign He goes on
In that connection and makc3 tho fol
lowing statement I am not an lm
In the present campaign Tin Roljcyj
which as Governor I invc adoijjcuand
the plans which IUinVe cuiivleVout nre
those In which I have Confidence and
I believe that the time will sihow that
they are all right
THE GOVERNORS CONCEPTION
The express declaration and tho un
dertone of tacsa rciparks show that the
Governor conceives that he Is respon
sible only to God and the president
for if hq is not nn issue in this cam
paign when can he be nn Isuo The
only time citizens have a say ill this
Territory is on grand and petty jurlpa
and once every two years on electioVi
day It is hianifest that in the Cov
vernors mind he is not now and never
can bo an issue so far as the- citizens
of this Territory are concerned If ho
meaiis that the citizens cannot directly
remove him Well and good Neltbery
can uicy remove ineir repesemauves
to the Legislature when once elected
ID the Governor because Jiels appoint
ed by the President cannot te Vnaae
an i nuv then it would follow that
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THE JWDTilPTtfrTOTT
THOt
isasMsririg tatei
Gall rsud iuttpcot tho botutiful nnd
i ucful MJ of SQCcIr for PIW
judges -of our Supreme and Circuit
courts are practically above ivnd out of
tuucii ui urjuuipiu und cuuucinnuuon
by the citizens of this Territory ana
are not to teferred to In territorial
campaigns -
The Secretary of the Territory re
ceives his commission from tho
uent as wen as tile uovornor I
pose therefore that ho passes out at-
once Into tho catngory pf officials wlio
are Immune frim local criticism anh
attack The Democrats say that the
Governor is an itsuo of this campaign
an Issue forced upoij thp citizens of
this Territory by a serlcj of acts by
tho Governor In violation of tho Or
ganic Act under which he was anpolnf
ed Why the Republican Tevritriai
Convention or rather the Republican
machine of this Territory Jn conven
tion made the endortement of Gov
ernor Carters administration one of
the chief features of its platform anu
if tlie Republican party prevnils at the
polls Governor Carter wW tnko and
use tho result at Washington as well
as hero as an endorsement of hls ad
inlnlstintltiu and If tho Republicans are
defeated at the polls will nol tlult le
sult be taken nt Washington and
heio as a condemnation of his admin
istration
Mo t assuredly In deciding this
question our own hearty common sense
comes to our leseue and answcis the
question In lino with the Democrallo
declaration that the Govornor of this
Territory nnd ills administration aio
amenable to tho people of this TerrJ
toiy and If condemned and icbuked
at tho polls will have to mend their
ways and conform to the manifest
wishes of the people of this Teriltory
or bo called down a Washington
whether a Republican Pjcsldent occu
pies the Piesldeiitlul chair or a Dem
ocrat
t
Let the Slh day of November settle
theso Ifesues and settle them rightly
LOSS XfOB tlTUZ
LOTS ot Ifnlihi EOxIOO ft
jsio l c j ci lUiiuauamHiia Kolincil
K I
For ft i rtiwulrtr inquire por
ioubIIv
ABttAEAM FERNANDEZ
at tba oGko of N Fomonrtez
St or to H ieruandpz
237H
BuBinesc Cards
AliXiSU is RCB1KBON
DAiKn in JuDJJtniin AimOoji ktv
BntitB a IiATKais or
All Knirs
Quccu Struct Honolulu
HENB1T E HIQ HTON
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Southwpal coiner Fort and Kiug Sti
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Loans NKCovATKri
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Qamutall Hlos Merchant 8trt
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Eollister Drag Co Ltd
Dnnas andMedioal SnrpLiES
No 1056 Fort St
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